Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-06-11
SUPREME COURT DECISIONS.

SUPREME COURT DECISIONS.
Reversals at the Late Yankton Term
And the Reasons for Such Reversnls
Previous Information Elaborated.
AT the May term of the supreme court
of Dakota the following canses were re
versed by the court. The action of the
court is these causes has been previously
given and the reasons for these rover
sails IN the new feature We present to the
public. W. copy from the authorized
report OF the court:
Caroline Volkman, respondent, VS.
The Chicago. st. Paul, Minneapolis &
Omaha railway company, appellant
Reversed upon the ground that the evi'
dence does not make a case OF gross
negligence, against the defendant, upor
which the plaintiff was entitled to re
cover, and the court shonid have granted
the motion to direct a verdict for the
defendant. ALI justices concurring.
Biddena Elliott, widow of John Eli.
OFT, deceased, respondent, We. The Chioa.
go, Milwaukee & st. Paul railway com
pany, appellant. Reversed upon the
ground that the negligence complained
OF was that Of ace.employee of the de-
ceased, and the court erred in refusing to
direct q verdict for the defendant. All
Justices eoncurrlng.
Pierre water works Co., appellant, vs..
Hughes county. Dakota, respondent.
Reversed, upon the ground that court
erred in holding that no appeal lay
from the decision Of the board Of county
commissioners when sitting as board of
equalizatien ALI justices ,concurring
except Justice Thomas, not sitting,
Nathan Myslck. respondent. vs. Rose
A. Bill and W. w. Bill, appellants.
Reversed, on the ground that the court
erred in not holding that the premises
In controversy were not a homestead.
All justices conourring, except Justice
Francis, dissenting, and Justice Thomas,
not sitting.
j.. Leslie Thompson. receiver Of the
First National bank of Sioux Falls, Da-
kcta, appellant, VS.. John Mckee, re-
%spondent. Reversed, upon Che ground
that the court erred in permitting parol
evidence to explain and contradict the
endorsement of the defendant upon
negotiable paper, and in refusing to
direct a verdict for the plaintiff. All
Justices ooncurrlnR except Justice Fran
els, dissenting.
a "A, Polk, appellant, VS.. Minnahaha
county, respondent. Reversed, upon
the ground that the court erred in hold.
ing that the incoming board of commits.
%sioners had power to fix the salary of the
district attorney after his qualification
and his term of office had commenced.
All the justieies ooncurring except
Justice Palmer, dissenting.
Thomas Purcell, respondent, VS.. R,
o. Booth. appellant. Reversed, upon
the ground that the court erred in dis
missing the appeal, and not entertaining
jurisdiction of the case upon the plead
ings and record sent up from the justice
of the peace. All of the Justices con.
curing, except Justice Thomas moi
sitting.
Samuel A. Sawyer, Daniel L. Wallace
and Herman Miller, partners as Sawyer
Wallace & 90. respondent, We. James
Rector, appellant. Reversed, upon the
ground that the discharge in bankrupt.
cy was conclusive and could not be col.
laterally attached, and the court erfei
in not finding for defendant. ALI the
justices concurring except Justic'
Thomas, not sitting.
Samuel Karr, respondent, 7s, Chicago
& Northwestern railway company, ap
pellant. Reversed, upon the GROUND
that the court erred in Diminishing th,
the appeal, and in declining TO entertain
Jurisdiction Of the cage and to determin,
the questions of law apparent of RECORD
and raised by the appeal. All justice
concurring.
Charles w. Buttz, respondent, We
, Joseph L. Cotton, appellant. Reverse;
!, upon the ground that the parole evidenc
if agreement relied upon to sustain
specific performance. was not OF tina
: clear, satisfactory and conclusive char
acter that will warrant q court of equit,
, in granting the relief prayed for; no
, was there any such part performance a
D would take the oase out of the statut
of frauds. All the Justices oonourrinI
except Justice Palmer, dissenting, an
!, Justice Mcdonnell, having been G
. counsel, did noksit in the case.
{ q. N. Sohuster, A. Schuster, j. n
8 Blackmore and E, 81. Parton, ooopartnel
1 as A. N. Schuster & %. appellant, VI
Knut Thompson and o. T. Thompson
oo-partners as K. Thompson & 90, re
. spondents. Reversed npon the eroun
4 that the court erred in allowing evidenc
of injury to defendants business by re-,
son OF attachments and in permittin
n the bond in attachment to be set up as
n counter claim to the main claim in whic
the attachments was issued. all justice
) concurring except Justice Thomas n,
sitting.
B. e, Wood, respondent, rs. The boar
a OF county commissioners Of Oass count
n Dakota, appellant. Reversed, on ii
n ground that the court erred in the intr
n duction of the evidence. All iusticl
d %conourring.